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Probate Courts Surviving Spouse

Fox Rothschild LLP

More on the Intersection of Family Law, Estate Law and Federal Law

Fox Rothschild LLP on

In November of 2023, I did a post on this blog titled The Intersection of Family Law, Estate Law and Federal Law, regarding the reported Appellate Division case In the Matter of Michael D. Jones, Deceased. That case dealt...more

The Estate Lawyers

Divorce Need Not Ignite Estate Litigation, But Too Often It Does

The Estate Lawyers on

Certain life events demand that estate planners work with client testators to adjust their estate plans. Divorce and remarriage are at the top of that list. When matrimony devolves into acrimony – setting the stage for...more

Warner Norcross + Judd

May the Surviving Co-grantor of a Joint Trust Amend or Revoke the Trust After the Death of the First Grantor?

Warner Norcross + Judd on

It is not uncommon for a husband and wife in a second marriage situation to create a joint trust, naming all their respective children from their prior marriages as the equal remainder beneficiaries. If the surviving spouse,...more

Warner Norcross + Judd

More Marriages Being Contested In Probate Litigation

Warner Norcross + Judd on

We are increasingly seeing more disputes over the validity of marriages in probate litigation. A recurring fact pattern is that a romantic partner will attempt to orchestrate a marriage to the second partner, who is suffering...more

Downey Brand LLP

Home Is Where You Lay Your Sombrero – Spouse Who Lives Abroad Cannot Serve as Administrator of Husband’s Estate

Downey Brand LLP on

Here’s another reason (uno más in Spanish) to create and properly execute a will. If your spouse or other trusted designee lives out of the country when you die, he or she won’t be eligible to administer your California...more

Downey Brand LLP

Immortal Right — Income Beneficiary’s Entitlement to Accounting Continues after Death

Downey Brand LLP on

Many California trusts confer a lifetime right to income on a person (often the surviving spouse) with the remainder passing to designated survivors upon the income beneficiary’s death. When the income beneficiary dies, is it...more

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